THE REPUBLIC vs. THE CHIEF JUSTICE OF THE REPUBLIC OF GHANA AND THE ATTORNEY-GENERAL EX-PARTE: JUSTICE KWAME OHENE-ESSEL (RTD)

DOTSE JSC:- PROLOGUE It is often said that “justice delayed, is justice denied”. The reverse of this is also another common saying, it states as follows “justice hurried, is justice buried”. There must therefore always be a delicate balance in the expeditious adjudication of cases to ensure that either way, no one is unduly disadvantaged by the vigilance or indolence of the judicial system. This case relates to a reference made by the learned High Court Judge, Gifty Agyei Addo J, presiding over the High Court, Human Rights Division 1, Accra in Suit No. HR/0102/2017 in an application for Judicial Review in the nature of Certiorari and Prohibition pursuant to order 55 of C. I. 47 intitutled The Republic v 1. The Chief Justice of the Republic of Ghana, 2. The Attorney-General – Respondents; Ex-parte Justice Kwame Ohene-Essel (Rtd) – Applicant. The learned trial High Court Judge Gifty Adjei Addo J referred articles 146 (3) and (5) and also 155 (1) (b) of the Constitution 1...